Section 59 imposes punishment on public servants who, instead of preventing crimes (as is their legal duty), knowingly or intentionally conceal the design or plan to commit such offences. It emphasizes the higher responsibility of public servants in protecting society and imposes stricter consequences for their failure to act.
Key Provisions:
A public servant shall be punished if they knowingly or intentionally:
- Conceal, by act, omission, encryption, or other information-hiding tools, the existence of a plan to commit a crime they are duty-bound to prevent, or
- Make a false representation about such a plan.
Punishment depends on the outcome or seriousness of the offence:
- (a) If the offence is committed:
- Imprisonment (any type) up to one-half of the longest term provided for that offence, or
- Fine, or
- Both.
- (b) If the offence is punishable with death or life imprisonment:
- Imprisonment (simple or rigorous) up to ten years.
- (c) If the offence is not committed:
- Imprisonment up to one-fourth of the maximum term for that offence, or
- Fine, or
- Both.
How It Protects:
- Holds public servants accountable for failing to report serious crimes.
- Treats deliberate concealment of crime plans as a serious betrayal of public trust.
- Prevents misuse of position, power, or technical tools (like encryption) to protect criminals.
Example:
- A is a police officer, legally bound to report plans of robbery.
- He learns that B plans a robbery but intentionally omits reporting it to help the crime succeed.
- A has committed an offence under Section 59 by this illegal omission.